Hong Kong Employment and Exact same Partner Visa – A Case Research
Our clientele have been a identical intercourse associate pair from Australia. Susan was a Foreign exchange trader functioning for a boutique trading problem in Sydney and her Daily life Associate, Judith, owned and operated a small graphics design and style organization.
Susan was a senor executive in her employer’s organisation and experienced been tasked with relocating to Hong Kong to build a new satellite procedure in the HKSAR. Judith was preparing to accompany Susan for the duration of her relocation which was scheduled to last 3 a long time.
There have been three immigration problems connected with this certain undertaking:
1 – The enterprise was to be newly recognized, indicating that the Hong Kong Immigration Department (“HKID”) would have to comprehend the bona fides of the company from scratch as the sponsor-employer had no preceding immigration profile.
two – The business would be subject to stringent SFC licensing situations which would effect on the timing and availability of visa permission for Susan.
three – As non-conventional loved ones, Judith would not be permitted a dependent visa which intended that special focus would have to be put on the character of the Daily life Partnership which Judith and Susan enjoyed to permit a extended customer visa for Judith to accompany Susan during her secondment to Hong Kong.
This necessitated three appreciable sets of documentation challenges.
We experienced to carefully coordinate with the blue chip law organization instructed to go to to the company establishment and SFC licensing apps, therefore ensuring the new Hong Kong organization as employer-sponsor would be in a position to move muster with the HKID.
We labored directly with Susan in collecting together the requisite information on her recent employer in Australia, for, as an inter business transferee relocating to a recently set up organization in the HKSAR, the Immigration Department would look carefully at the bona fides of the Australian mum or dad procedure and consider comfort from that profile to be happy that, certainly, the freshly established organization in Hong Kong would essentially be of the very same ilk and calibre.
We also labored right with Judith who managed the workout of compiling the documentation substantiating the profoundly dedicated, loving mother nature of her relationship with Susan AND the reality that her company in Australia would have on for the duration of their continue to be collectively in Hong Kong providing an unbiased signifies for Judith to lead to the cost of their joint life even even though Susan would be serving the position of monetary guarantor and sponsor for Judith’s residence here.
Provided https://fastlanehr.hk/payroll-outsourcing/ advanced character of the scenario and the very personalized, specialist traits of Susan and Judith themselves, the exercising of accumulating the documentation was very easy. However, three position to notice can be manufactured:
one – The successful SFC licensing of equally Susan and the new business in Hong Kong was a required pre-problem for visa approval in the end. This implies that the processes major to these licenses experienced to commence Ahead of the software was submitted and anticipations set that visas would be granted Right after the consents experienced been finalised. It is unreasonable to assume the HKID to authorise work for unlicensed organizations.
2 – There was a rooster and egg sort top quality to this circumstance as the SFC license could only be granted to a person with requisite Hong Kong immigration permissions and visas could only be granted exactly where SFC licensing was in spot. Careful timing and coordination of the software paperwork and interactions with the HKID ensured that this conundrum was ultimately get over.
3 – As it took place Judith and Susan each owned their own properties in Australia, though they had lived with each other in 1 of them for several a long time. As a result, they had been not able to display to the HKID joint property possession or a residential tenancy in each of their names. Even so, they had appointed every other as the sole beneficiaries in their mutual wills some time formerly and this truth, together with an array of other documentation which spoke to their obvious existing cohabitation, household support for their romantic relationship and Australia tax returns every single indicating the other as in receipt of specific family members tax positive aspects, served to overcome this lacuna in their paperwork.
Needless to say, each situations had been authorized, Susan acquired her work visa and Judith her extended customer visa.